§ 38-1726. Applicability.

The provisions of this article shall apply to all lands that have a future land use map designation of neighborhood center, neighborhood activity corridor or neighborhood residential, and a corresponding zoning district designation, unless otherwise exempt.

(1)

The redevelopment, reconfiguration, expansion or change of use of a site developed prior to the approval of a zoning district designation of NC, NAC or NR shall comply with the provision of this article, unless one of the following exemptions apply:

a.

The provisions of this article shall not apply to any property, structure or building for which a building permit has been issued by the county building official, a complete application for a building permit has been submitted to the county building division, or a complete application for a development plan or preliminary subdivision plan has been submitted to the county prior to December 2, 2003.

b.

The provisions of this article shall not apply to any site developed prior to the approval of a zoning district designation of NC, NAC or NR that conforms to the provisions of this article, but that does not meet the site and building standards specified in section 38-1501 or the applicable zoning district.

c.

The expansion of any building or structure existing prior to the approval of a zoning district designation of NC, NAC or NR shall not require retrofitting to meet the requirements of this article, (1) if the building has a gross floor area of five thousand (5,000) square feet or less and the expansion is less than twenty (20) percent of the gross floor area of the building, or (2) if the building has a gross floor area greater than five thousand (5,000) square feet and the expansion is less than twenty (20) percent of the existing gross floor area of the building and not in excess of five thousand (5,000) square feet of new gross floor area.

d.

The provisions of the article shall not apply to a vested established use designated as such pursuant to section 38-75. However, the provisions of this article shall apply to an established use that has lost its vested status in accordance with section 38-75(a)(3).

(2)

Any redevelopment, reconfiguration, expansion or change of use of a site developed prior to the approval of a zoning district designation of NC, NAC or NR which is exempt from the provisions of this article is not eligible to benefit from any development standards or incentives of this article.

Any unincorporated area having the future land use designation of neighborhood center, neighborhood activity corridor or neighborhood residential as of December 2, 2003 shall be the subject of a public hearing before the board of county commissioners on or before June 1, 2004, to consider whether to administratively rezone such area to the corresponding zoning district. No development permit shall be applied for or issued on lands having a future land use map designation of neighborhood center, neighborhood activity corridor or neighborhood residential until such land has been rezoned to the corresponding zoning district, unless otherwise exempt.

(Ord. No. 2003-18, § 2, 12-2-03)